Dean v. Gonzales
Filing
87
ORDER signed by Magistrate Judge Kendall J. Newman on 05/29/13 denying Motions to Appoint Counsel 76 , 83 . (cc: KJN) (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ALTON E. DEAN,
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Plaintiff,
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No. 2:10-cv-1355 MCE JFM (HC)
vs.
KATHRYN M. GONZALES, et al.,
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Defendants.
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ORDER
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Plaintiff has requested the appointment of counsel. The United States Supreme
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Court has ruled that district courts lack authority to require counsel to represent indigent
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prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In
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certain exceptional circumstances, the court may request the voluntary assistance of counsel
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pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991);
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Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court
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does not find the required exceptional circumstances. Plaintiff’s motion for the appointment of
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counsel will therefore be denied.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 14, 2013, and
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May 20, 2013, motions for the appointment of counsel (ECF 76 and 83) are denied.
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DATED: May 29, 2013
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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dean1355.31(4)
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